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(영문) 의정부지방법원 고양지원 2018.12.21 2018고단2772
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (52) and the de facto marital couple.

On July 31, 2018, the Defendant: (a) in the office of the Dispute Resolution Co., Ltd., located in Yongsan-gu, U.S., U.S., U.S. on July 23:30, 2018; (b) while making a dispute with the victim, the Defendant used the top (16.5 cm in total length, 10.5 cm in length on the day of the above 10.5 cm in length) which is a dangerous object on the books of the office in which the victim had been in the dispute with the victim, and carried out the shoulder and the left-hand part of the above victim once every time of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes, such as combined water and photographs damaged thereby;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Extent of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, and the range of the recommended punishment [the scope of the recommended punishment], the number of self-denunciation in the area of special mitigation (two months to one year), and the number of persons not subject to the punishment;

2. In light of the risk of the Defendant’s use of the goods, the nature of the crime of this case is not weak, but the Defendant recognized the crime of this case and against his mistake, reported himself to the police that there was no record of punishment for violent crimes up to now, and the victim reported himself to the police. Considering favorable circumstances, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and other circumstances, which are the sentencing as shown in the records and theories of this case, including the circumstances after the crime, etc., as a whole, shall be determined as the sentence as per the disposition.

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